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Supreme Court Upholds Decree for Specific Performance, Directs Execution of Possession in Favor of Appellants. Collusion Between Vendors and Respondents to Frustrate Decree Cannot Defeat the Fruits of Justice

Specific Performance and Possession – The Supreme Court held that the appellants were entitled to specific performance of the sale agreement and po...

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Supreme Court Dismisses Transfer Petition in Cheque Dishonour Case, Upholds Jurisdiction Under Section 142 of the Negotiable Instruments Act, 1881

Bank’s Right to Choose Jurisdiction for Cheque Dishonour Cases Upheld – Transfer Denied Under Section 406 of the Code of Criminal Procedure, 1973 ...

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Supreme Court Restores Eviction Decree Against Tenant — Reaffirms Scope of Second Appeal Jurisdiction

The Apex Court upheld the concurrent findings of the Trial Court and First Appellate Court — Clarified the principles governing the scope of Second ...

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Bombay High Court Affirmed Maintainability of Suit for Negative Declaration of Marital Status

Declaration of Legal Character – Suit Seeking Negative Declaration – Section 34 of the Specific Relief Act, 1963 – Jurisdiction of Civil Courts ...

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Bombay High Court Upholds Validity of 1996 Will, Awards Costs to Plaintiffs for Frivolous Opposition. Probate Granted for Last Will of Yashwantilika Narottamdas Dalal – Court Dismisses Allegations of Forgery and Undue Influence.

Execution of Will – The Plaintiffs sought probate of the Last Will and Testament of Yashwantilika Narottamdas Dalal, dated 12th December 1996. The ...

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Supreme Court of India Held Appellants Guilty of Contempt for Disobedience of Undertaking Regarding Alienation of Suit Property

Disobedience of an injunction order remains punishable even if the underlying suit is later dismissed (Samee Khan v. Bindu Khan). A lawyer’...

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Denial of Approval for Open Distance Learning and Online Programmes Quashed Due to Violation of Natural Justice

Violation of Natural Justice – UGC failed to provide an opportunity for hearing, which was mandatory despite its administrative nature. (Para 17, 21...

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Supreme Court Partly Allows Appeal in Specific Performance Suit – High Court’s Order Setting Aside Ex-Parte Decree Without Proper Jurisdiction Held Unsustainable

Revisional Jurisdiction – Delay Condonation – Restoration of Suit – Independent Legal Remedies The Court held that the remedies of condoning th...

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Supreme Court Quashed Criminal Proceedings Against Non-Executive Directors, Reaffirming Vicarious Liability Principles Under Negotiable Instruments Act, 1881

Non-Executive Directors Cannot Be Held Liable Under Section 138 Read with Section 141 of the Negotiable Instruments Act, 1881 Without Specific Allegat...

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Supreme Court Allowed Appeal — Directed Inclusion of Appellant in General Provident Fund-cum-Pension-cum-Gratuity Scheme. Non-Exercise of Option for Contributory Provident Fund Automatically Entitled the Appellant to Default Pension Scheme

Clear provisions of Chapter 16 of the University Statutes indicated automatic entitlement to the pension scheme in absence of opting for the Contribut...